RANBIR Vs. STATE

JUDGEMENT

(1.) These three appeals have their genesis in the judgment and order dated 2.4.2009 passed in Sessions Trial No 508 of 2007 and 609 of 2007 by Addl Sessions Judge (FTC) Gautambudh Nagar whereby the learned Sessions Judge recorded verdict of conviction against the Appellants under Section 302/34 and 201 IPC and each of them were sentenced to undergo imprisonment for life studded with sentence of fine of Rs 5000/-each with default stipulation to undergo imprisonment for six months followed by sentence under Section 201 IPC to undergo three years RI attended with fine of Rs 3000/-again with default stipulation to under go 3 months imprisonment. The Appellant Rajnish was further convicted under Section 25/4 Arms Act in ST No 609 of 2007 and was sentenced to undergo six months R.I studded with sentence of fine of Rs 250/-with default stipulation to undergo 15 days RI.

(2.) Since challenge in the aforesaid appeals is to a composite judgment and order dated 2.4.2009, they are amenable to common disposal.

(3.) The informant in the instant case is Mehandi Hasan alias Bablu Khan son of Karim Uddin, a native of village Ghodi Bachhera P.S Dadri District Gautambudh Nagar, who gave a written report at police station Dadri on 26.7.2007 alleging therein that there was an uproar in the village in the morning on 26.7.2007 that a dead body of a male was lying supine in the field of Raj Singh son of Murari Singh, which was adjacent to a passing canal. Upon coming to the field, it is further alleged, the dead body was of unknown identity and it was lying flat with discernible injuries on the neck in the belly ostensibly caused by sharp edged weapon and it appeared that after committing murder elsewhere, the body had been dumped here. It is also alleged that the body seemed to be of some Muslim youth. It is also alleged that knots of people had collected at the spot.